Appellate Division of the Supreme Court of New York, 1986

Ganci v. Hammock

Ganci v. Hammock
Appellate Division of the Supreme Court of New York · Decided May 19, 1986
120 A.D.2d 666; 502 N.Y.S.2d 260; 1986 N.Y. App. Div. LEXIS 56769
Ganci v. Hammock

Opinion of the Court

— In a proceeding pursuant to CPLR article 78 to review a determination dated February 18, 1982, denying him release on parole, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Benson, J.), dated November 29, 1983, which dismissed the proceeding.

Judgment affirmed, without costs or disbursements.

The proceeding was properly dismissed because it was brought more than four months after the determination challenged therein became final and binding (see, CPLR 217). Mangano, J. P., Gibbons, Weinstein, Fiber and Spatt, JJ., concur.

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